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Archive: 11 December 2019

Posts in 11 December 2019

Interest cannot be charged on Debit Balance of Partner if Partnership Deed prohibits the same

December 11, 2019 15528 Views 0 comment Print

DCIT Vs Ms. India Housing (ITAT Kolkata) We note that as per clause 10 of the Partnership Deed, no interest was to be charged or paid to the partners in respect of balances standing to the debit or credit of their capital account. As per Partnership Act, 1952, the partners can carry on any business […]

GST on Notice Pay Recoveries

December 11, 2019 64782 Views 12 comments Print

In GST law, there are still few issues like compensatory damages, employee notice period recovery which needs clarity for taxation. In many private organisations, employees would be legally bound to serve for specified period which could vary from 15 days to 3 months or more depending on designation or role of a particular employee during […]

Guidelines for Income Tax Deductees- ensure you have correct tax credit!

December 11, 2019 3945 Views 0 comment Print

Tax deductee is a person who receives certain prescribed payments like salary, interest, commission, brokerage, rent etc. after deduction of tax at source

Assessment of Cash Deposits in OCM Cases

December 11, 2019 31980 Views 1 comment Print

A large number of assessments pertaining to cash deposited in banks during demonetization period are pending. The article analysis relevant sections of I.T. Act as well as various legal issues to assist assessing officers in passing error free sustainable assessment orders.

New Changes, Modification & Simplifications of GSTR-9 & GSTR-9C

December 11, 2019 8859 Views 3 comments Print

Last month the government extended the due date for filing GSTR-9 and GSTR-9C For filing GSTR-9 & GSTR-9C the due dates are extended up to 31st December 2019 for FY 2017-18 and 31st March 2020 for FY 2018-19. So you can also file GSTR 9, 9C via Gen GST Software before the due date and […]

Transitional Aspects of GST for J&K and Ladakh

December 11, 2019 3096 Views 0 comment Print

Existing State of J&K has been reorganized into Union territory of J&K and Union Territory of Ladakh w.e.f. 31-10-2019 vide Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019. Applicable Statutes The Jammu and Kashmir Goods and Services Tax Act, 2017 shall be applicable to the Union Territory of Jammu and Kashmir and the Union […]

Examiners (State Legislated Technological Universities) becoming Examinees before Income Tax Dept in light of Rule 2BBB

December 11, 2019 5385 Views 3 comments Print

Examiners (State Legislated Technological Universities) becoming Examinees before Income Tax Department in light of Rule 2BBB of Income Tax Rules 1962 Government Funded Technological Universities legislated by an ACT of State Legislature are receiving demand notices from Income Tax Department which are posing serious challenges to the existence and survival of the Higher Education System […]

Circular Trading in GST

December 11, 2019 26808 Views 0 comment Print

Circular Trading is not a new concept in India, it has been ever existing in the Indian Market, but many tend to believe that it only takes place in the stock market. However, that is not the case, Circular Trading can also take place into companies or trading businesses. Before we further get into the depth and analysis of circular trading, let’s start with the basics and try to understand the following aspects.

Income Tax Assessment: Mistakes are the Stepping Stones to Learning

December 11, 2019 3858 Views 0 comment Print

Prasenjit Singh Commissioner, Income Tax (TDS) Vadodara prasenjit.singh@incometax.gov.in Prasenjit Singh is an Indian Revenue Service (IRS) officer of 1990 batch and is currently posted as Commissioner of Income Tax, TDS, Vadodara. The present article is based on my experience while adjudicating the appeals as Commissioner (Appeals) and also from the posting at ITAT as Senior […]

AAAR rejects application for rectification as no apparent mistake in order

December 11, 2019 1014 Views 0 comment Print

In re Micro Instruments (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling, hereby, reject the application filed by the Appellant under section 102 of the CGST Act, 2017 seeking the amendment in the AAAR Order No. MAH/AAAR/SS-RJ/26/2018-19 dated 22.03.2019. since there is dispute in the interpretation of the legal provisions of section 97(2)(e) of […]

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